Ex Parte Nyabwa

OPINION

TRACY CHRISTOPHER, Justice.

This is an appeal from the denial of a pretrial application for writ of habeas corpus. Collins Omondi Nyabwa contends that Texas Penal Code section 21.15(b)(1) is unconstitutional on its face because it violates both the First Amendment of the U.S. Constitution and article 1, section 8 of the Texas Constitution. He also contends that the statute is both overbroad and vague.

Texas Penal Code section 21.15(b)(1) prohibits one from photographing or videotaping another person in a location that is not a bathroom or a dressing room without that person’s consent and…